During the tax years 2006 through 2008, CapitalSource was organized as a real estate investment trust (“REIT”) for federal income tax purposes. Portions of the dividend distributions made during those tax years were treated as unrelated business taxable income (“UBTI”) due to excess inclusion income generated by the Company. Effective January 1, 2009, the Company revoked its REIT status and changed its corporate structure back to a regular C-corporation for income tax purposes, which it had been for tax years prior to 2006. As a regular C-corporation, dividend distributions made by the Company cannot be characterized as UBTI. It is the Company’s intent to continue to be treated as a C-corporation for income tax purposes.

The Company’s annual disclosure of the tax treatment of its dividends (see: http://www1.snl.com/irweblinkx/divs.aspx?iid=4065646) reflects the UBTI paid during the tax years CapitalSource Inc. was organized as a REIT (2006-2008) and the lack thereof in the years subsequent to the change in corporate structure to a C-corporation.

The information in Item 8.01 of this Current Report is being furnished and shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that Section. The information in Item 8.01 of this Current Report hereto shall not be incorporated by reference into any registration statement or other document filed with the Commission.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

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